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Jackson v. Solvay Free Union School Dist

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 31, 1998
256 A.D.2d 1150 (N.Y. App. Div. 1998)

Opinion

December 31, 1998

Appeal from Order of Supreme Court, Onondaga County, Hurlbutt, J. — Summary Judgment.


Order unanimously reversed on the law without costs and motion denied. Memorandum: Supreme Court erred in granting plaintiff's motion for partial summary judgment on liability under Labor Law § 240 Lab. (1). Plaintiff failed to establish that the absence of, or defect in, a safety device was the proximate cause of his injuries ( see, Weininger v. Hagedorn Co., 91 N.Y.2d 958, 960, rearg denied 92 N.Y.2d 875; Felker v. Corning Inc., 90 N.Y.2d 219, 224).

Present — Pine, J. P., Wisner, Pigott, Jr., Callahan and Fallon, JJ.


Summaries of

Jackson v. Solvay Free Union School Dist

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 31, 1998
256 A.D.2d 1150 (N.Y. App. Div. 1998)
Case details for

Jackson v. Solvay Free Union School Dist

Case Details

Full title:JEFFREY B. JACKSON, Respondent, v. SOLVAY FREE UNION SCHOOL DISTRICT…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Dec 31, 1998

Citations

256 A.D.2d 1150 (N.Y. App. Div. 1998)
682 N.Y.S.2d 652

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